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Consumer Rights: MoneySavingExpert.com discussion

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  • madmizzy33
    madmizzy33 Posts: 12 Forumite
    Hi. I bought a tv wth built in dvd player for my daughter Christmas 2008. Its hardly used as it is in the bedroom. about a month ago the dvd player stopped working. this item was bought from Tesco. do you think they should repair it free of charge .
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    madmizzy33 wrote: »
    Hi. I bought a tv wth built in dvd player for my daughter Christmas 2008. Its hardly used as it is in the bedroom. about a month ago the dvd player stopped working. this item was bought from Tesco. do you think they should repair it free of charge .

    If you have the receipt ask them but they are in the right if they ask you to prove the fault was an inherent one and not one down to misuse or fair wear and tear.

    If they ask this you will need to get an independant report paid for (I think you can claim this back from Tesco but not sure if it shows the fault is inherent)

    Tesco have the choice to refund, repair or replace, not you I'm afraid and also if they refund they can partial refund as you have had some use of the product.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • hello, thanks to all that commented.
    But it has to work! (unless described as not working). Just because it worked at packaging stage does not mean it still worked when received, and therefore is the sellers responsibility if it didn't.

    IF the OP was a private seller? We need the OP, (fozzy97), to confirm? And they have not been back since asking for advice!

    There are plenty of business sellers on Ebay

    yes i am a private seller, i'm not a business or anything.

    so if this goes to court then, it could go either way? i can understand where the buyer is coming from because all he has is my word that it was working fine before i sent it. but i only have his word that he hasn't been using it for the past 2months and broke it himself.

    i might end up accepting a return to avoid court action. it's only a matter of 30 pounds, but the buyer is unbeleivable pushy. again thanks for all the comments.
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    After 2 months he has not got a leg to stand on, its just empty threats
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Yes, I agree. Don't give him a refund and he'll eventually go away.

    Regards,
    Art.
  • it doesn't look like he's going to drop it. he's phoned me dozens of times and claims he's doing it out of principle rather than for the money.

    i know court cases can be a lengthy process and i'm out of the counrty in october for a few months, so i'm thinking of paying him to avoid the possibility of having to come back for a hearing or something. which is annoying, but it'd cost me more money just to come back and it's shedloads of hassle. :(
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Try a bit of bluff. Tell him he will have to obtain an independent report stating the item was defective when he received it.

    I think if ever he filed papers in the court they would review them and decide there is no case to answer.

    Regards,
    Art.
  • Hi could someone please give me some advice?

    In August 2008 i bought a laptop from PC world. I bought it on my credit card. The wireless internet has gone off and the lovely man in my local repair shop says it caused by a broken slot on the motherboard which would not be worth replacing financially.

    I though I had read somewhere about a 2 year guarantee on electrical goods through EU legislation. Does anyone know anything about this or how I could try and claim against PCW or my CC. [The 2 years is up in a couple of days!] It was an expensive laptop and 2 years wear doesn't seem fair to me. Any advice would be gratefully appreciated.

    Diane.
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    edited 11 August 2010 at 11:39AM
    Hi could someone please give me some advice?

    In August 2008 i bought a laptop from PC world. I bought it on my credit card. The wireless internet has gone off and the lovely man in my local repair shop says it caused by a broken slot on the motherboard which would not be worth replacing financially.

    I though I had read somewhere about a 2 year guarantee on electrical goods through EU legislation. Does anyone know anything about this or how I could try and claim against PCW or my CC. [The 2 years is up in a couple of days!] It was an expensive laptop and 2 years wear doesn't seem fair to me. Any advice would be gratefully appreciated.

    Diane.

    The EU directive is irrelivant, your protection is under the sale of goods act. You need to get that guy in the local repair shop to provide you with a written report stating the fault was an inherent one at the time of purchase.

    Then if you have the reciept or proof of purchase then you need to go back to the retailer and then they have the option of repair replace or refund (whichever is cheapest for them)
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Art_2
    Art_2 Posts: 1,602 Forumite
    It seems unlikely that the fault is inherent unless you can turn up other purchasers who have had the same problem.

    IMO it's down to you to have repaired at your expense.

    Regards,
    Art.
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